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New DIMIA information on the Skilled visa from 1st July 2004 ...
17th June 2004
Dear Readers
This is the latest information now on this regional visa, guess you are all getting bored with it now ..
The regulations were signed by the governor general on friday and further details will then come out next week.
Skilled Independent – Regional (Provisional) visa - Question and Answers
1. What is the Skilled Independent Regional (SIR) visa?
The SIR visa is designed to attract highly skilled people who wish to live in regional Australia but are unable to meet the criteria to be granted a permanent visa. Applicants, who can meet the lower passmark for the SIR (Provisional) visa, are granted a three-year visa. After living for at least two years, and working for a total of at least 12 months, in regional Australia, SIR (Provisional) visa holders are eligible to apply for residence through one of the existing “regional” permanent residence visa classes without leaving Australia.
2. Who can apply for the SIR visa?
In broad terms, to be eligible to apply for the SIR (Provisional) visa, you must:
- be under 45 years of age at the time you apply,
- have “vocational” standard English,
- nominate an occupation on the Skilled Occupations List, and
- have been assessed by the relevant Australian assessing authority as being suitable for that occupation,
- have recent work experience in a skilled occupation, OR are eligible for a waiver of this requirement because you have recently completed an Australian qualification after a minimum of two years study in Australia,
- meet the SIR (Provisional) visa passmark; and
- have sponsorship from a relevant State/Territory authority.
3. How do I get a State/Territory authority to sponsor me?
You should first visit DIMIA’s SIR visa website at http://www.immi.gov.au/migration/skilled/sir.htm. This website will have links to the various State and Territory authorities and details on any regional initiatives in their State or Territory. You will be required to obtain sponsorship for your SIR (Provisional) visa from a relevant State/Territory authority before making your application. The sponsorship form to be used is form 1244.
4. Is the SIR (Provisional) visa points tested?
Yes. The current passmark for the SIR (Provisional) visa is 110 points. This is a lower passmark than currently applies to the Skilled - Independent (Migrant) visa classes, which is 120 points.
5. I have a student visa can I apply for the SIR visa as soon as I complete my studies?
Yes, provided you can meet the basic criteria for the SIR visa as set out in Question 2 above.
6. I have a Skilled – Independent (Migrant) application that has been “pooled”, can I apply for a SIR (Provisional) visa?
Yes. DIMIA will be writing to “pooled” applicants who have attained a score of at least 110 points to apply for a SIR (Provisional) visa. You will need to obtain sponsorship from a State or Territory Government before you can lodge your SIR (Provisional) visa application and pay a reduced visa application charge (VAC). If you wish to take advantage of this opportunity, you must lodge your SIR (Provisional) visa application on, or before, the date specified in your invitation letter.
7. Do I need to have health and character checks to be granted a SIR (Provisional) visa?
Yes. All SIR visa applicants are required to satisfy health and character tests for permanent residence (ie full migrant medical).
8. Can I add a child, spouse or other dependant to my SIR (Provisional) application after it has been lodged?
A dependant may be added to your application without charge provided a decision has not been made on the application. If the application has been decided, then your dependant will need to lodge his or her own application and pay the prescribed application charge.
9. Will there be any conditions attached to the SIR (Provisional) visa?
Yes. If successful, you and your family are required to live, work and study in a regional area, or low population growth metropolitan centre, in Australia. As part of the application form, you must sign a declaration acknowledging that you understand and accept the terms of the SIR (Provisional) visa if granted. You will be required to have lived for at least two years, and been employed for at least a total of 12 months, in regional Australia before you can apply for a permanent visa.
10. What is meant by a “regional area or a low population growth metropolitan centre” in Australia?
“Regional Australia” is defined as any Statistical Division with a population of less than 200,000. A “low population growth metropolitan centre” is one with a population growth rate between the last two censuses of less than 50 per cent of the national average.
The areas currently listed are:
- New South Wales – except Sydney, Newcastle, the Central Coast and Wollongong;
- Queensland – except Brisbane and the Gold Coast;
- Victoria – except Melbourne metropolitan areas;
- Western Australia – except Perth metropolitan area;
- South Australia – entire state;
- Tasmania – entire state; and
- Northern Territory – entire state.
11. Can I live/work in regional Australia while my family lives in a main city?
No. One of the aims of the program is to keep family units together in Regional Australia. Unless there are exceptional circumstances, members of your family unit are required to reside with you.
12. If I work in regional Australia, does the employment have to be with one employer?
No. Employment may be with more than one employer provided that the total period of employment is at least 12 months.
13. Can I count towards my permanent visa application any employment or residence I had in regional areas before my SIR (Provisional) visa was granted?
No. You can only count employment and residence accumulated in regional Australia AFTER you were granted your SIR visa.
14. If I have been employed for 12 months, and lived in regional Australia for 2 years, what Permanent Visa can I apply for?
The “regional” permanent residence visa classes available to SIR (Provisional) visa holders are:
- Regional Sponsored Migration Scheme (RSMS);
- Skilled State and Territory Nominated Independent (STNI) visa; and
- State/Territory Sponsored Business Owner (SBO) visa.
15. Will I need to re-do my health and character checks?
All permanent visa applicants must meet health and character requirements. Your earlier checks can be taken into consideration but additional checking will be required.
16. What happens if I have lived in regional Australia but can’t meet the visa requirements to be granted a permanent visa after 3 years?
A further one year SIR (Provisional) visa may be granted if you complied with the conditions of your visa. It should be noted that the regulations only allow for ONE more SIR (Provisional) visa to be granted.
17. What I happens if I don’t comply with the conditions of my visa?
If you do not comply with the conditions of your visa, it is unlikely that you will be granted a further SIR (Provisional) visa at the expiry of your current visa. If you are unable to satisfy the criteria to be granted any other class of visa, then you will be expected to depart, on or before, the expiry date of your current SIR (Provisional) visa.
18. Where do I lodge my application for my SIR (Provisional) visa?
All applications must be lodged either by courier or by post to the following address:
By Courier to -
The Adelaide Skilled Processing Centre
Department of Immigration and Multicultural and Indigenous Affairs
1st Floor, 55 Curie Street,
ADELAIDE SA 5001
AUSTRALIA, OR
Posted to -
The Adelaide Skilled Processing Centre
Department of Immigration and Multicultural and Indigenous Affairs
GPO Box 1638
ADELAIDE SA 5001
AUSTRALIA
19. Can I lodge my application electronically?
Electronic lodgement of applications is currently being developed
17th June 2004
Dear Readers
This is the latest information now on this regional visa, guess you are all getting bored with it now ..
The regulations were signed by the governor general on friday and further details will then come out next week.
Skilled Independent – Regional (Provisional) visa - Question and Answers
1. What is the Skilled Independent Regional (SIR) visa?
The SIR visa is designed to attract highly skilled people who wish to live in regional Australia but are unable to meet the criteria to be granted a permanent visa. Applicants, who can meet the lower passmark for the SIR (Provisional) visa, are granted a three-year visa. After living for at least two years, and working for a total of at least 12 months, in regional Australia, SIR (Provisional) visa holders are eligible to apply for residence through one of the existing “regional” permanent residence visa classes without leaving Australia.
2. Who can apply for the SIR visa?
In broad terms, to be eligible to apply for the SIR (Provisional) visa, you must:
- be under 45 years of age at the time you apply,
- have “vocational” standard English,
- nominate an occupation on the Skilled Occupations List, and
- have been assessed by the relevant Australian assessing authority as being suitable for that occupation,
- have recent work experience in a skilled occupation, OR are eligible for a waiver of this requirement because you have recently completed an Australian qualification after a minimum of two years study in Australia,
- meet the SIR (Provisional) visa passmark; and
- have sponsorship from a relevant State/Territory authority.
3. How do I get a State/Territory authority to sponsor me?
You should first visit DIMIA’s SIR visa website at http://www.immi.gov.au/migration/skilled/sir.htm. This website will have links to the various State and Territory authorities and details on any regional initiatives in their State or Territory. You will be required to obtain sponsorship for your SIR (Provisional) visa from a relevant State/Territory authority before making your application. The sponsorship form to be used is form 1244.
4. Is the SIR (Provisional) visa points tested?
Yes. The current passmark for the SIR (Provisional) visa is 110 points. This is a lower passmark than currently applies to the Skilled - Independent (Migrant) visa classes, which is 120 points.
5. I have a student visa can I apply for the SIR visa as soon as I complete my studies?
Yes, provided you can meet the basic criteria for the SIR visa as set out in Question 2 above.
6. I have a Skilled – Independent (Migrant) application that has been “pooled”, can I apply for a SIR (Provisional) visa?
Yes. DIMIA will be writing to “pooled” applicants who have attained a score of at least 110 points to apply for a SIR (Provisional) visa. You will need to obtain sponsorship from a State or Territory Government before you can lodge your SIR (Provisional) visa application and pay a reduced visa application charge (VAC). If you wish to take advantage of this opportunity, you must lodge your SIR (Provisional) visa application on, or before, the date specified in your invitation letter.
7. Do I need to have health and character checks to be granted a SIR (Provisional) visa?
Yes. All SIR visa applicants are required to satisfy health and character tests for permanent residence (ie full migrant medical).
8. Can I add a child, spouse or other dependant to my SIR (Provisional) application after it has been lodged?
A dependant may be added to your application without charge provided a decision has not been made on the application. If the application has been decided, then your dependant will need to lodge his or her own application and pay the prescribed application charge.
9. Will there be any conditions attached to the SIR (Provisional) visa?
Yes. If successful, you and your family are required to live, work and study in a regional area, or low population growth metropolitan centre, in Australia. As part of the application form, you must sign a declaration acknowledging that you understand and accept the terms of the SIR (Provisional) visa if granted. You will be required to have lived for at least two years, and been employed for at least a total of 12 months, in regional Australia before you can apply for a permanent visa.
10. What is meant by a “regional area or a low population growth metropolitan centre” in Australia?
“Regional Australia” is defined as any Statistical Division with a population of less than 200,000. A “low population growth metropolitan centre” is one with a population growth rate between the last two censuses of less than 50 per cent of the national average.
The areas currently listed are:
- New South Wales – except Sydney, Newcastle, the Central Coast and Wollongong;
- Queensland – except Brisbane and the Gold Coast;
- Victoria – except Melbourne metropolitan areas;
- Western Australia – except Perth metropolitan area;
- South Australia – entire state;
- Tasmania – entire state; and
- Northern Territory – entire state.
11. Can I live/work in regional Australia while my family lives in a main city?
No. One of the aims of the program is to keep family units together in Regional Australia. Unless there are exceptional circumstances, members of your family unit are required to reside with you.
12. If I work in regional Australia, does the employment have to be with one employer?
No. Employment may be with more than one employer provided that the total period of employment is at least 12 months.
13. Can I count towards my permanent visa application any employment or residence I had in regional areas before my SIR (Provisional) visa was granted?
No. You can only count employment and residence accumulated in regional Australia AFTER you were granted your SIR visa.
14. If I have been employed for 12 months, and lived in regional Australia for 2 years, what Permanent Visa can I apply for?
The “regional” permanent residence visa classes available to SIR (Provisional) visa holders are:
- Regional Sponsored Migration Scheme (RSMS);
- Skilled State and Territory Nominated Independent (STNI) visa; and
- State/Territory Sponsored Business Owner (SBO) visa.
15. Will I need to re-do my health and character checks?
All permanent visa applicants must meet health and character requirements. Your earlier checks can be taken into consideration but additional checking will be required.
16. What happens if I have lived in regional Australia but can’t meet the visa requirements to be granted a permanent visa after 3 years?
A further one year SIR (Provisional) visa may be granted if you complied with the conditions of your visa. It should be noted that the regulations only allow for ONE more SIR (Provisional) visa to be granted.
17. What I happens if I don’t comply with the conditions of my visa?
If you do not comply with the conditions of your visa, it is unlikely that you will be granted a further SIR (Provisional) visa at the expiry of your current visa. If you are unable to satisfy the criteria to be granted any other class of visa, then you will be expected to depart, on or before, the expiry date of your current SIR (Provisional) visa.
18. Where do I lodge my application for my SIR (Provisional) visa?
All applications must be lodged either by courier or by post to the following address:
By Courier to -
The Adelaide Skilled Processing Centre
Department of Immigration and Multicultural and Indigenous Affairs
1st Floor, 55 Curie Street,
ADELAIDE SA 5001
AUSTRALIA, OR
Posted to -
The Adelaide Skilled Processing Centre
Department of Immigration and Multicultural and Indigenous Affairs
GPO Box 1638
ADELAIDE SA 5001
AUSTRALIA
19. Can I lodge my application electronically?
Electronic lodgement of applications is currently being developed
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